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no obligation to allow Permittee to enter upon or use District ' s property or right-of-way , <br /> and does so only in consideration of Permittee ' s release of District from any <br /> responsibility or liability whatsoever, now or in the future , and Permittee agr es : that it <br /> is able , at its own expense, to insure against loss or damage , without granting any right of <br /> subrogation to claims against District or Permittee is a self- insurer, warranting and <br /> representing to District that Permittee assumes all risk of loss or damage , and shall save <br /> and hold harmless District from any expense, loss , damage or claim in regard t iereto , and <br /> the District assumes and shall have no liability in connection therewith including , without <br /> limitation, attorneys ' fees , fines and penalties . <br /> 19 . This Permit may not be assigned or subletted to a third part and a ly transfer <br /> of Permittee ' s property abutting District ' s property or right- of-way shall , ipsc facto and <br /> without more , cancel , nullify and revoke this Permit . <br /> 20 . Should Permittee, during the term hereof, become a "member operator" , as <br /> defined by Florida Statutes , Section 556 . 102 (7) , then such membership shall , ipso facto <br /> and without more, cancel , nullify and revoke this Permit . <br /> 21 . In consideration of the grant of this Permit, Permittee , if a public or private <br /> body with the power of eminent domain, expressly waives and relinquishes any power of <br /> eminent domain or condemnation of the property as to which this Permit applies for the <br /> use for which the Permit is granted . This clause shall survive termination or expiration of <br /> this Permit. <br /> IN WITNESS WHEREOF , said District has caused these presents to be <br /> executed in its name by its Secretary and its corporate seal hereto affixed , by due <br /> authority of its Board of Supervisors , this 6A day of a V , 200Y <br /> Signed, sealed and delivered <br /> In the presence of: INDIAN RIVER FAl,ZMS WAT R <br /> CONT OL DISTIOWT <br /> r --' 4 Dav-W E. Gunter, Secretar y <br /> as to District <br /> � t <br /> � . , gr <br />